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Pensioner, 85, sexually assaulted hairdresser after presenting her with bag of tomatoes

James MacDonald appeared at Elgin Sheriff Court. Image: DC Thomson
James MacDonald appeared at Elgin Sheriff Court. Image: DC Thomson

A pensioner has been placed on the sex offender’s register after a bizarre incident where he presented a hairdresser with a bag of tomatoes before groping her breasts.

James MacDonald, 85, grabbed the woman in the middle of the salon in an assault which left her feeling “violated and physically sick”, Elgin Sheriff Court was told.

Fiscal depute Shamielah Ghafar said the incident occurred on either August 4 or 5 last year when MacDonald walked into the business and was told he didn’t have an appointment there until the following week.

‘I would like to do more than that’

“The accused replied that he had come to see her,” Miss Ghafar said. “The complainer said he was very focused on only her.

“He then leaned in and pulled free a strand of hair that was stuck on her lipgloss.

“The complainer told him ‘Look at you, trying to look after me’ to which the accused replied ‘I would like to do more than that’.

“The complainer perceived this comment to be of a sexual nature.

“The accused told her he had a gift for her and handed her a white bag containing tomatoes.”

Grabbed her breasts after presenting tomatoes

Other staff members at the hairdressers watched on but couldn’t at that time hear what was being said.

Miss Ghafar continued: “The accused then went in for a hug and when releasing his hands from her back slipped his hands to her front and cupped both of her breasts.

“He shook his hands causing her pain.

“The complainer didn’t know what to do. She felt violated and physically sick afterwards.”

MacDonald’s victim spoke to her colleague afterwards and she said she didn’t wish to cut his hair anymore.

‘It was just a bad mistake’

Police were then informed of the assault and MacDonald was originally charged on indictment.

That charge was reduced to a summary court level and the pensioner offered a guilty plea at the first opportunity.

Defence agent Matthew O’Neill said it was a “truly unfortunate set of circumstances” that led to his client being in court at the age of 85.

Sheriff Olga Pasportnikov asked if there were any cognitive issues to consider ahead of sentencing, to which the solicitor replied: “No, it was just a bad mistake”.

She called for background reports to be prepared.

MacDonald, of St Catherine’s Place, Elgin, will be sentenced next month and was made subject to the notification requirements of the sex offender’s register meantime.

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